Torts _ STRICT LIABILITY AND PRODUCTS LIABILITY

Question 1

Strict Liability:

Answer 1

1) Possession of Wild Animals
2) Abnormally Dangerous Activities

Question 2

Possession of Wild Animals:

Strict Liability

Answer 2

• Non-domesticated animals
• Injury that would normally occur
• Domestic animals with dangerous
  propensities

Examples:
Wild animals:
o Lions, tigers, and bears

Not Wild animals:
o Dogs and cats

Question 3

Abnormally Dangerous Activity:

Strict Liability

Answer 3

• Excavation
• Dynamite
• Toxic Chemicals

Question 3

Assumption of the Risk:

DEFENSE TO STRICT LIABILITY

Answer 3

• Defense to Strict Liability
• Knew & Appreciated the risk

Question 4

When does this come up + types of causes of actions?

Product Liability:

PRODUCT LIABILITY

Answer 4

• A product breaks or doesn’t work properly
• 3 Causes of Action
• Negligence
• Breach of warranty
• Strict products liability

Question 5

Products Liability – Negligence:

Negligent Products Liability

Answer 5

• Negligence in the chain caused the product to break or not work

Question 6

Negligent Products Liability (OUTLINE (7))

Negligent Products Liability

Answer 6

Negligent Product Liability Outline:

1. Duty
   
   • Owed by anyone supplying a product (casual or commercial sellers).
   • Applies to foreseeable plaintiffs (users, consumers, bystanders).
2. Breach
   
   • Plaintiff must show negligent supply of defective product by defendant.
3. Negligent Conduct
   
   • Conduct below reasonable person standard.
   • In manufacturing defects, use res ipsa loquitur if defect typically implies negligence.
   • Dealers need cursory inspection for products from reputable sources.
   • In design defects, liability if danger should have been known.
   • No liability if reasonable manufacturer unaware until after public distribution.
4. Defective Product
   
   • Refer to “Manufacturing Defects,” “Design Defects,” and “Warning Defects” under Strict Products Liability.
5. Actual Cause
   
   • Damages wouldn’t occur but for defendant’s actions.
6. Proximate Cause
   
   • Damages are a normal incident of defendant’s conduct risk.
   • Intermediary failure to discover defect doesn’t cut off liability.
   • Intermediary intentional tort can be a superseding cause.
   • Foreseeable product misuse doesn’t cut off liability.
7. Damages
   
   • Personal injury and/or property damage recoverable.
   • No recovery for pure economic loss.

Question 7

Negligent Products Liabiity
(Outline Headers)

Negligent Products Liability

Answer 7

Negligent Product Liability Outline:

1. Duty
2. Breach
   —–a. Negligent Conduct
   —–b. Defective Product (3)
3. Actual Cause
4. Proximate Cause
5. Damages

Question 8

Products Liability – Breach of Warranty:

Products Liability – Breach of Warranty:

Answer 8

• Promise about product performance

Most warranty questions will test on express warranties

Question 9

Merchantability

Products Liability – Breach of Warranty:

Answer 9

• Product acted as it should

Question 10

Fitness for a Particular Purpose:

Products Liability – Breach of Warranty:

Answer 10

• Product only works for particular purpose

Examples:
o Hurricane windows can withstand certain wind speeds
o Tires can only withstand speed up to a certain mph
o Phone can only make so many phone calls

Question 11

Strict Products Liability (4)

Answer 11

1) Defective product
2) Sold by commercial seller
3) Foreseeable user
4) Used in manner it was intended

Note: Strict Liability in Tort = Strict Products Liability (means the same)

Question 12

Commercial Seller:

Answer 12

• In the business of selling the product

Question 13

Inadequate/Failure to Warn:

Answer 13

• A type of Defective Product under Strict Products Liability

Question 14

Strict Products Liability (6)
HEADERS

Answer 14

Products Liability Outline:

1. Commercial Supplier
2. Manufacture or Sale of a Defective Product
   
   • Manufacturing Defects
   • Design Defects
   • Warning Defects

.3. Actual Cause
.4. Proximate Cause
.5. Damages
.6. Defenses
- Contributory Negligence
- Comparative Negligence

Question 15

Strict Products Liability (6)
OUTLINE + HEADERS

Answer 15

Products Liability Simplified:

.1. Commercial Supplier
- Includes manufacturers, retailers, assemblers, wholesalers.
- Excludes casual sellers.

.2. Defective Product
- Manufacturing, design, or warning defects.
- No need for defendant’s negligence, only supply of defective product.

.3. Manufacturing Defects
- Product differs from others, more dangerous.
- Consumer Expectations Test: fails ordinary consumer safety expectations.

.4. Design Defects
- Dangerous even when made correctly.
- Must show a safer, reasonable alternative design.

.5. Warning Defects
- Inadequate warnings for non-obvious risks.
- For drugs/devices, warnings to prescribing doctors suffice (Learned Intermediary rule).

.6. Actual Cause
- Defect present when product left defendant’s control.

.7. Proximate Cause
- Plaintiff’s damages within risk caused by defect.
- Intermediary’s failure to discover or foreseeable product misuse doesn’t absolve liability.

.8. Damages
- For personal injury/property damage.
- No recovery for pure economic loss.

.9. Defenses
- Contributory Negligence: Not a defense unless misuse was unforeseeable.
- Comparative Negligence: Plaintiff’s negligence reduces recovery.

Question 16

DEFENSES TO STRICT PRODUCTS LIABILITY

Answer 16

1) Assumption of the Risk
2) Misuse